Jharkhand High Court
Bablu Chandra Chand & Anr vs Council For The Indian School on 29 February, 2012
Author: Narendra Nath Tiwari
Bench: Narendra Nath Tiwari
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No.939 of 2011
Bablu Chandra Chand & Anr. .......... Petitioners.
Versus
Council for the Indian School
Certificate Examination & Anr. .......... Respondents.
CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
For the Petitioners : Mr. Kalyan Roy, Advocate.
For the Respondents: Mr. Indrajit Sinha, Advocate.
09/29.02.2012: The petitioners have prayed for a direction on the respondents to allow them, who are unsuccessful candidates/ students of ClassX, ICSE Examination, 2009, to appear in the forthcoming examination and also for a direction on the respondents to accept the registration fees and forms of the candidates, who were not allowed to appear in the last ICSE Examination due to withdrawal of affiliation of their school.
The respondents opposed this writ petition. Learned counsel for the respondents submitted that the petitioners have sought a direction for allowing them to appear in the examination from the school, which has been deaffiliated. It has been, however, stated that the students, who had already appeared in 2009 Examination and failed, can be allowed, if they apply through any affiliated school. The petitioners have applied through a school which affiliation was withdrawn. They cannot be allowed to appear in the examination from that school. If the petitioners apply through any affiliated school, they will be allowed to appear in 2013 examination. So far as other students are concerned, who were not registered in any affiliated school, they have to get him registered in affiliated school and to complete the required attendance in accordance with ICSE Regulations for appearing in ClassX Examination of ICSE.
Considering the said statement in their counter affidavit as well as submissions made by learned counsel for the respondents, this writ petition is disposed of, giving liberty to those students, who have already attended their classes and appeared in 2009 Examination and failed, to apply through any 2 affiliated ICSE School/Institution. If such application is made, the respondents shall allow those students, according to their assurance, to appear in the forthcoming ClassX examination. So far as other students are concerned, they are at liberty to get themselves registered in any ICSE affiliated school and complete their attendance as per ICSE Regulation for the purpose of appearing in the final examination of ClassX. If the criteria required by the ICSE is fulfilled by those candidates, the respondents shall allow them to appear in ClassX Examination.
(Narendra Nath Tiwari, J.) Sanjay/